Patent management

May 31, 2008

Called the patent, Unity of invention

Filed under: Uncategorized — admin @ 6:35 am

In most patent laws, unity of invention is a formal administrative requirement that must be met by a patent application in order to proceed to grant. Basically a patent application can relate only to one invention or a group of closely related inventions. The purpose of this provision is administrative, and in particular financial, i.e. it serves to limit the possibility to file one patent application for several inventions while paying only one set of fees (filing fee, search fee, examination fee, renewal fees and so on). Unity of invention also makes the classification of patent documents easier.

When a patent application is objected to on the ground of a lack of unity, patent protection is not ruled out, as it would be the case if the invention was found to be lacking novelty. A divisional application can usually be filed for the second invention, and for the further inventions if any. Alternatively, a patent prosecutor may make a technical argument that there is unity of invention to overcome the objection.

Contents


Jurisdictions


European Patent Convention

Under European patent practice and case law, lack of unity (of invention) can appear either “a priori“, i.e. before taking into account the prior art, or “a posteriori“, i.e. after having taken into account the prior art. An a posteriori lack of unity usually results from a lack of novelty or inventive step of the subject-matter of one independent claim.


United States

In U.S. patent law, applications that claim more than one distinct invention may be subject to restriction to a single invention with the right to prosecute the remaining invention(s) being preserved through the right to file a divisional application(s). A “restriction requirement” will typically present the different inventions based on the claims within the application and the applicant may elect which invention to prosecute.


See also

  • Patentability
  • Novelty
  • Inventive step and non-obviousness
  • Industrial application
  • Sufficiency of disclosure


External links

  • European Patent Convention (EPC)

  • Title 35 of the United States Code (35 U.S.C.)
    • 35 U.S.C. §121: Divisional applications

May 28, 2008

Associated with the original, A Love That Will Never Grow Old

Filed under: Uncategorized — Tags: — admin @ 10:30 pm

A Love That Will Never Grow Old” is a song from the movie Brokeback Mountain, with music by Argentine composer Gustavo Santaolalla and lyrics by Bernie Taupin, and performed by singer Emmylou Harris. It won the 2006 Golden Globe, the Satellite Award and the Internet Movie Award for Best Original Song. The song was nominated at the World Soundtrack Awards for Best Original Song Written Directly for a Film.

It is available in the Brokeback Mountain Original Soundtrack.


Trivia

  • Atahualpa Yupanqui influences.
  • Song was ineligible for Best Original Song at the Academy Awards because it wasn’t prominently featured in the film.

Throughout the world. When, TELUS World of Science

Filed under: Uncategorized — Tags: — admin @ 2:20 pm

TELUS World of Science is a “brand” for a number of science centre, planetarium, and space centre facilities in Canada sponsored by TELUS, a Canadian telecommunications company. Each of the science centres operate entirely independently and other than having sold their “naming rights” to TELUS there is no formal relationship between the different centres.

The recent rebranding followed major donations from TELUS to science centres in Calgary, Alberta; Edmonton, Alberta; and Vancouver, British Columbia.

TELUS is currently planning similar donations (and subsequent name changes) for facilities in Toronto and Montreal.

List of TELUS-sponsored centres:

  • TELUS World of Science, Calgary — formerly the Calgary Science Centre
  • TELUS World of Science, Edmonton — formerly the Odyssium, before that the Edmonton Space and Science Centre, and before that the Edmonton Space Sciences Centre.
  • Science World at TELUS World of Science, Vancouver — formerly Science World


External links

  • General website
  • TELUS World of Science, Calgary
  • TELUS World of Science, Edmonton
  • TELUS World of Science, Vancouver

May 27, 2008

World. When, Josh Tenge

Filed under: Uncategorized — Tags: , — admin @ 4:30 am

Josh Tenge is a professional sandboarder who has won four world championships and five national titles.

Tenge has set three Guinness World Records, including one for the longest backflip by distance at 44 feet, 10 inches.


External links

  • CNN article

May 26, 2008

Legislation, Agricultural Trade Development and Assistance Act of 1954

Filed under: Uncategorized — Tags: , , — admin @ 7:20 pm

The Agricultural Trade Development and Assistance Act of 1954 (or Public Law 480) is a United States federal law that established Food For Peace, the primary U.S. overseas food assistance program. The Act was signed into law on July, 10, 1954 by President Dwight D. Eisenhower.

According to Eisenhower, the purpose of the legislation was to “lay the basis for a permanent expansion of our exports of agricultural products with lasting benefits to ourselves and peoples and peoples of other lands.”


External links

  • Information about Food for Peace, from usaid.gov
  • Information about U.S. agricultural legislation, from cornell.edu

May 25, 2008

A patent application, Essential patent

Filed under: Uncategorized — admin @ 8:45 pm

An essential patent is a patent which discloses and claims one or more inventions that are required to practice a given industry standard. Shapiro, Carl, “Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard-Setting”, forthcoming Innovation Policy and the Economy, Volume I, MIT Press, 2001 Standardisation bodies, therefore, often require members disclose and grant licenses to patents and pending patent applications that they own and that cover a standard that the body is developing. Failure to do so is a form of patent misuse.

If standards bodies fail to get licenses to all patents that are essential to practicing a standard, then the owners of those unlicensed patents can often demand royalties from those who ultimately adopt the standards. This is what happened, for example, to the GIF and JPEG standards.


References


See also

  • Patent ambush, a situation where a member of a standards organization withholds information about patents they own during development of a proposed standard and subsequently claims them to be relevant to the standard as adopted.
  • Patent pool


External links

  • “Potential Antitrust Liability Based on a Patent Owner’s Manipulation of Industry Standard Setting”, Proceedings of ABA Antitrust Section Spring Meeting (2003) by Janice M. Mueller.
  • “Patent Misuse Through the Capture of Industry Standards”, 17 Berkeley Tech. L.J. 623 (2002) by Janice M. Mueller.

Act Germany: German Patents, Alliance for Germany

Filed under: Uncategorized — Tags: , , — admin @ 6:45 pm

The Alliance for Germany (German: Allianz für Deutschland) was an opposition coalition in East Germany. It was formed on February 5th 1990 in then West Berlin to fight the Volkskammer elections. It consisted of the Christian Democratic Union, Democratic Awakening and the German Social Union. The German Forum Party was invited to join but refused.

The Alliance got the majority of the seats in the election winning 48,15% of votes cast (CDU 40,9%; DSU 6,3%; DA 0,9 %), controlled 192 of 400 seats in the Volkskammer and formed the government until German Reunification. Lothar de Maizière from the CDU was minister-president.


External links

  • Alliance for Germany from chronik der wende

A specific, United Nations Special Investigator

Filed under: Uncategorized — Tags: , , — admin @ 3:25 pm

A UN Special Investigator is a UN appointee, charged with investigations or auditing in a specific matter.

Often his focus concerns human rights, or rather

  • some type of violation thereof, such as: Food rights, the right to health, human trafficking, illegal and arbitrary executions, migrants rights, racism, religious rights, sale of children, child prostitution and child pornography, children’s rights, torture
  • or Human Rights in a specific country (e.g. war crimes in Bosnia, Canada’s Indigenous people, Congo’s civil wars, Myanmar, Sudan’s civil wars, Taliban rule in Afghanistan, Iran).

In other cases it is a specific, politically relevant fact, scandal or event, such as Israel’s construction of a security wall in the West Bank and East Jerusalem, how the US Bush administration spent Iraqi oil-for-food program money after the invasion, the alleged involvement of the Syrian government in political murders in Lebanon

May 24, 2008

Act Germany:, Massachusetts Banishment Act

Filed under: Uncategorized — admin @ 3:25 pm

The Massachusetts Banishment Act also known as the “Banishment Act of the State of Massachusetts” was an act passed on September, 1778, “to prevent the return to this state of certain persons therein named and others who have left this state or either of the United States, and joined the enemies thereof“. The act is comparable to the New Jersey Banishment Act and over 300 persons were listed on it.


Noteworthies listed in the act

  • Sampson Salter Blowers, lawyer, friend of Benedict Arnold.
  • Thomas Hutchinson, late governor
  • Francis Bernard, former governor
  • Thomas Oliver, late lieutenant governor
  • Timothy Ruggles, of Hardwick, in the county of Worcester, a member of the Stamp Act Congress of 1765


External links

  • Text of the Act

May 23, 2008

In many different countries, New Commonwealth

Filed under: Uncategorized — admin @ 4:30 pm

The term New Commonwealth was commonly used in the 1960s and 1970s to refer to members of the Commonwealth of Nations that had joined in recent years as a result of decolonization. These countries were mostly, poor developing countries in Asia, Africa and the Caribbean with predominantly non-white populations. They were in contrast with the so-called Old Commonwealth (or “White Commonwealth”) countries that were located in the developed world and were predominantly white and wealthy.

May 22, 2008

Legislation;, Internal Security Act

Filed under: Uncategorized — Tags: — admin @ 7:15 am

The term ‘Internal Security Act’ is often given to a piece of legislation laying down regulations that enable the executive government of a jurisdiction to preserve the internal security of the nation. In some jurisdictions, it authorizes the government to arrest and detain individuals without trial.

Israeli legislation, see ‘Administrative detention’.

  • For Malaysian legislation, see ‘Internal Security Act (Malaysia)’.
  • For Singapore legislation, see ‘Internal Security Act (Singapore)’.
  • For United States legislation, see ‘McCarran Internal Security Act’.
  • May 21, 2008

    Filing patent, Hog oiler

    Filed under: Uncategorized — admin @ 7:50 pm

    A hog oiler was a mechanical device employed on farms to be used by hogs to provide relief from insects and offer skin protection. It consisted of a reservoir to hold oil, and a means to distribute the oil onto the hog, often via grooved wheels or cylinders. Hogs seeking relief would rub up against a wheel (or cylinder) causing it to rotate and dispense oil onto their bodies.

    Hog oilers were produced in a variety of designs, most made of cast iron. The era of innovation for this device was mainly the years 1913-1923; during this time some 20 patents were issued by the U.S. Patent Office.

    Hog oilers are now considered desirable antiques by collectors of agricultural equipment.


    External links

    • Hog oiler images

    A few US Patents for hog oilers.

    • Patent issued to E.J. Smith in 1913 for a twin wheel hog oiler.
    • Patent issued to F.R. McDermond in 1916 for a “watermelon type” hog oiler.
    • Patent issued to Albert A. Nasser in 1918 for an overhead tank reservoir hog oiler.

    Amendments Act of, First Amendment of the Constitution of Ireland

    Filed under: Uncategorized — Tags: , — admin @ 6:10 pm

    The First Amendment of the Constitution of Ireland was effected by the First Amendment of the Constitution Act, 1939, and signed into law on 2 September, 1939. Its purpose was to extend the constitutional definition of “time of war” to include a period during which a war is occurring in which the state is not a direct participant. Its intention was to allow the government to exercise emergency powers during World War II, despite the fact that the state was neutral. The amendment means that today the state may exercise these powers provided the Oireachtas (parliament) declares a “national emergency”.

    Contents


    Changes to the text

    Addition to Article 28.3.3 (added text in bold)

    Nothing in this Constitution shall be invoked to invalidate any law enacted by the Oireachtas which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law. In this sub-section ‘time of war’ includes a time when there is taking place an armed conflict in which the State is not a participant but in respect of which each of the Houses of the Oireachtas shall have resolved that, arising out of such armed conflict, a national emergency exists affecting the vital interests of the State and ‘time of war or armed rebellion’ includes such time after the termination of any war, or of any such armed conflict as aforesaid, or of an armed rebellion, as may elapse until each of the Houses of the Oireachtas shall have resolved that the national emergency occasioned by such war, armed conflict, or armed rebellion has ceased to exist.


    Background

    Article 28 of the Constitution of Ireland grants the state sweeping powers during a time of emergency but, in the form in which the article was adopted in 1937, these could only be invoked during a “time of war or armed rebellion”. The First Amendment served to clarify that “time of war” need not mean a war in which the state is actually taking part.

    The amendment was introduced by the Fianna Fáil government of Éamon de Valera. Unlike later amendments the First and Second Amendments were not submitted to a referendum because, under the terms of the constitution’s Transitory Provisions, during the initial period of 1937–1941 constitutional amendments could be effected by a simple act of the Oireachtas. It should be noted that, although this article shows the changes made to the English language version of the constitution, constitutionally it is the Irish text that takes precedence.


    See also

    • Politics of the Republic of Ireland
    • History of the Republic of Ireland
    • Constitutional amendment
    • The Emergency


    External links

    • First Amendment of the Constitution Act, 1939 (Full text at IrishStatuteBook.ie)
    • Full text of the Constitution of Ireland (Accurate up to and including the Twenty-seventh Amendment from Department of the Taoiseach)
    • The Unabridged Constitution of Ireland (Unofficial variorum edition - accurate only up to Twentieth Amendment)

    May 19, 2008

    A patent application for, Substantive Patent Law Treaty

    Filed under: Uncategorized — Tags: , , — admin @ 12:45 pm

    The Substantive Patent Law Treaty (SPLT) is a proposed international patent law treaty aimed at harmonizing substantive points of patent law. In contrast with the Patent Law Treaty (PLT), signed in 2000 and now in force, which only relates to formalities, the SPLT aims at going far beyond formalities to harmonize substantive requirements such as novelty, inventive step and non-obviousness, industrial applicability and utility, as well as sufficient disclosure, unity of invention, or claim drafting and interpretation.


    See also

    • Patent Cooperation Treaty (PCT)
    • Patent Law Treaty (PLT)
    • World Intellectual Property Organization (WIPO)
    • Paris Convention for the Protection of Industrial Property
    • Strasbourg Convention (1963)
    • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement)


    External links

    • Substantive Patent Law Harmonization on the WIPO web site

    May 18, 2008

    Act 1988 United States:, HEA

    Filed under: Uncategorized — Tags: , — admin @ 4:05 pm

    The acronym HEA may refer to several topics.

    • The Higher Education Academy in the United Kingdom.
    • The Higher Education Act of 1965, an Act of the Congress of the United States which was supposed to strengthen the resources of colleges and universities, and to provide financial aid to students.
    • The Higher Education Act 2004, an Act of the Parliament of the United Kingdom which introduced several changes to the higher education system.
    • The Higher Education Authority in the Republic of Ireland.
    • High-energy astrophysics; see high-energy astronomy.

    May 13, 2008

    Amendments Act of 1980, Rules Enabling Act

    Filed under: Uncategorized — admin @ 2:27 pm

    The Rules Enabling Act (ch. 651, , ) is an Act of Congress that gave the judicial branch the power to promulgate the Federal Rules of Civil Procedure. Amendments to the Act allowed for the creation of the Federal Rules of Criminal Procedure and other procedural court rules. The creation and revision of rules pursuant to the Rules Enabling Act is usually carried out by the Judicial Conference of the United States, the policymaking body of the United States federal courts.

    While the courts exercised rulemaking powers granted to them under the Act without Congressional intervention for nearly forty years, Congress refused to allow the Federal Rules of Evidence to go into effect after their approval by the Supreme Court in 1973. The Rules of Evidence were eventually passed, with substantial changes, as legislation by Congress. Because of Congress’s intervention in 1973 and subsequent years, the rulemaking powers granted to the judiciary by the Act have been reduced, causing the Act to command less importance in recent years. However, the Act still prevents litigants from challenging the validity of constitutional Federal Rules via the Erie Doctrine.


    References

    • Current text of the Act as amended at uscourts.gov
    • Creating the Federal Rules at findarticles.com

    References

    1836, John Bell (New Hampshire)

    Filed under: Uncategorized — Tags: , , — admin @ 7:00 am

    John Bell (July 20, 1765–March 22, 1836) was an American politician from Chester, New Hampshire. He was governor of New Hampshire in 1828 and 1829.

    On Christmas day in 1803 he married Persis Thom, the couple would have ten children. Their youngest son, Charles Henry, would also serve as governor.

    References

    Application is called the, Oracle Application Express

    Filed under: Uncategorized — Tags: , , — admin @ 12:50 am

    Oracle Application Express (Oracle Apex, previously named Oracle HTML-DB) is a free software development environment based on the Oracle database [1]. It was previously known as “Project Marvel” and “Web DB”. It allows a very fast development cycle to be achieved to create web based applications. It can be used for departmental-style applications with a dozen users, but can also scale up to handle thousands of users. The framework itself adds as little as 0.05 second of overhead to each page request; how well an application scales is primarily based on the efficiency of the SQL queries used by the application developer.

    Oracle Application Express can be installed in an Oracle 9.2 or higher database, and starting from Oracle 11g it will be preinstalled along with the database.

    In January 2006 Oracle renamed HTML DB to “Oracle Application Express”. Version 2.1 of Apex was bundled with the free Oracle Express Edition (XE) database.

    In 2007 Oracle released Apex 3.0. This third major version features several new features, notably PDF Printing and Flash charting. Apex 3.0.1 was released in July 2007, and this version can also be installed into an Oracle XE database.

    One of the most well known applications developed in Application Express is the AskTom application developed by Thomas Kyte. Oracle’s Metalink support site also runs on Apex.


    External links

    • Oracle Application Express
    • Oracle Corporation
    • unOfficial Apex (Oracle Application Express) Wiki
    • The Oracle Apex Guide - A to Z Knowledgebase
    • Blogs related to APEX

    References

    May 12, 2008

    Patent Acts:, Goskomizobretenie

    Filed under: Uncategorized — Tags: , — admin @ 2:50 am

    Goskomizobretenie (Russian: Госкомизобретений), which stood for Gosudarstvennyi komitet po delam izobretenie i otkrytii, was the State Committee for Inventions and Discoveries in the former Soviet Union.

    It maintained a registry of inventions and discoveries and gave out authors certificates and patents.

    It has been succeeded by Rospatent in the modern day Russian Federation.


    See also

    • Patent office


    External links

    • Website of Russian Federal Service for Intellectual Property, Patents and Trademarks (Rospatent)
    • Soviet and USSR patent document search and delivery site

    References

    May 11, 2008

    States: Patent, Patent family

    Filed under: Uncategorized — admin @ 9:15 am

    A patent family is all the patents and patent applications resulting from a specific patent application.

    Generally, a patent application for an invention is originally filed in one country. Sometimes that original patent application is the basis for filing patent applications in several other countries (see also right of priority). Each of these new patent applications can become the basis for filing subsequent patent applications. A single patent occasionally results in many, many patents throughout the world.

    When one patent application results in several patents in many different countries, all of the patents and applications associated with the original patent application is called the patent family.


    See also

    • Continuing patent application
    • Triadic patent

    References

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